Legal Aid, Sentencing and Punishment of Offenders Bill

David Nuttall Excerpts

Tuesday 1st November 2011 Commons Chamber

[Kate Hoey]

I, too, wish to congratulate my hon. Friend the Member for Hayes and Harlington (John McDonnell) on the way in which he spoke, because this issue too often becomes one of exaggeration, where inaccurate things are said on both sides. He gave a very reasoned outline of why this coalition Government are rather silly in proposing this measure at this time and in this way. I, too, have been in this place a long time and I have seen legislation go through as a knee-jerk response to something that has happened. Very often people later regret very much that such legislation went through.

It is quite wrong that something that has been introduced so recently, and where a substantial number of people in a consultation—90% of them—were opposed to it, is being put through in this way. As everyone else has said, this is, in reality, a Second Reading debate. No scrutiny will be provided in the House of Commons on the detail, so all these questions are being raised by different people about different aspects of it and we will not get a full answer. We are abrogating our duty and our responsibilities as Members of Parliament if we allow this measure to go through and hope that it will be dealt with in the other place. I am disappointed that Labour’s Front-Bench team is not taking a more robust view on this measure. There is always a danger for politicians in that regard, because they may worry about what the headline will say, but sometimes the headline is totally inaccurate and sometimes it has been devised because of the inaccuracies, the half-truths and the mistruths that have been put around over a period of time. Even at this stage, I hope that the Labour Front-Bench team will consider amendment (a) seriously.

I believe that the retrospective nature of the measure is quite wrong. I also believe that there is squatting and squatting. The public see the difference in the kind of squatting that we have all condemned, whereby people take over someone’s house because they are away on holiday. However, there is already a law to prevent that from happening and those Members of Parliament who say that that has not been observed in their area should talk to the police because it means that the police are not enforcing the law.

The kind of squatting that I support is the kind that the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) mentioned, when large blocks of flats and houses that have deliberately been emptied early by a local authority or a private developer sit empty for months or years waiting either for some work to be done or to be knocked down. I see absolutely no reason why people who have come to London as the capital city of their country to try to get work and to live but who have nowhere to live and no chance of getting a local authority flat or of affording a private sector property should not live in those empty properties. Most of those squatters would be perfectly willing to sign something saying that they will move out as soon as work is to start. Instead, we see such places being left empty for years.

I am very sad indeed that we are seeing this knee-jerk response and that the Government are trying to introduce this measure so quickly. They will live to regret it and I hope that even tonight, at this late stage, Members who have come along thinking that there was no debate to be had and that this was a matter of, “Let’s just get this through”, will think very carefully and will at the very least support the amendment of my hon. Friend the Member for Hayes and Harlington.

[Mr David Nuttall (Bury North) (Con)]

I rise to support new clause 26 and I start by paying tribute to my hon. Friends the Members for Hove (Mike Weatherley) and for Finchley and Golders Green (Mike Freer) who, along with myself, have moved this matter up the agenda. I am grateful that the Minister has listened and that we now have some clarification over this area of law.

I have practised as a solicitor and I can tell the House that, regardless of the 1977 Act, this area of law is completely unclear. It is unclear to the police, to lawyers and to home owners and it certainly is not working. Millions of home owners will be grateful that the new clause is, I hope, going to reach the statute book. There could be nothing worse for someone returning from a holiday than to find that their home has been occupied by squatters. Insult is then added to injury if they are told by their lawyer that they need to embark on a long and complicated civil law procedure, and a costly procedure at that.

I note the point that has been made by Opposition Members about there being doubt about the exact numbers of properties that are occupied by squatters, but the fact remains that if a home owner returns to their property to find it occupied by squatters, it is 100% occupied by squatters and the overall statistics are, frankly, irrelevant.

Let me make one further point about the amendment on which I understand we are to divide. It provides that an offence would not be committed

“where the building has been empty for six months or more”.

One point that has already been touched on is of real concern to many people. When a family member dies and leaves a property empty the personal representatives might have to wait many months—often longer than six months—before they can obtain a grant of letters of administration. There are many instances of properties being occupied by squatters in that time and, for that reason if no other, I hope that the House will reject the amendment. The new clause is a great step forward. It is often said that an Englishman’s home is his castle and I hope that this will help to reinforce that.

[Caroline Lucas]

I share the concerns that have been expressed by many Opposition Members about the Government’s proposals further to criminalise squatting. I want to highlight just a few of them. My first concern is the justification for the proposals. Squatting can have devastating impacts, and I want proper redress and protection for anyone who returns from a two-week holiday to find their house squatted, or for someone trying to sell their house who leaves it empty only to find squatters have moved in. But the law already stands to protect people in those instances. The major problem in dealing with cases of squatting is not the law itself but the enforcement of the law, including the time it can take for the courts to issue an interim protection order, for example.

In theory, there is no reason why such an order cannot be issued far more swiftly. In practice, I accept that things can take far too long, often compounded by what appears to be a lack of understanding of the law by many police, who are the first port of call for home owners. That is unacceptable and it needs to be addressed, but those delays in implementing the law often result in cases being highlighted in the media, wrongly creating the impression that home owners are not protected in any way from squatting.

The law clearly states when a criminal act has taken place. For example, section 7 of the Criminal Law Act 1977 makes it clear that squatters asked to leave by home occupiers are committing a criminal offence if they fail to do so.